06/08/2024 Bertus Preller Abuse, Adultery, Division of Estate, Divorce, Forfeiture of Benefits, In Community of Property, Infidelity, Maintenance, Rule 43 Asset Division, child maintenance, community of property, court judgment, credibility assessment, Divorce Act, equitable distribution, Forfeiture of benefits, marital contributions, medical aid post-divorce, misconduct, non-financial contributions, pension interest, South African divorce Equitable Division Triumphs: Insights from M.L.M v T.M.M (10864/15) [2024] ZAGPPHC 743 (2 August 2024). Background of the M.L.M v T.M.M Divorce Case The case of M.L.M v T.M.M (10864/15) ZAGPPHC 743 (2 August 2024) involved a divorce proceeding in the High Court of South… READ MORE
21/06/2024 Bertus Preller Alimony, Divorce, In Community of Property, Maintenance, Spousal Maintenance Asset Division, clean break principle, costs award, court discretion, Divorce Act, divorce settlement, earning capacity, financial planning, financial security, financial vulnerability, Gender Equality, health considerations, holistic approach, Judicial Discretion, legal precedent, life-long maintenance, long-term marriage, Marital Assets, medical aid, pension benefits, permanent maintenance, post-divorce living standards, procedural flexibility, quality of life, rehabilitative maintenance, retirement funds, South African divorce law, spousal support, witness credibility Life-Long Spousal Maintenance Upheld: M.T v E.T (8197/2018) [2024] ZAGPJHC 578 (20 June 2024). Background: A 28-Year Marriage Comes to an End The case of M.T v E.T (8197/2018) ZAGPJHC 578 (20 June 2024) presents a moving tale of a long-term marriage's dissolution and… READ MORE
19/06/2024 Bertus Preller Accrual Calculation, Adversarial Legal System, Alimony, Alternative Dispute Resolution, Division of Estate, Divorce, Grey Divorce, In Community of Property, Maintenance, Pension Funds, Reasons for Dicorce, Spousal Maintenance Alternative Dispute Resolution, Antenuptial Contracts, arbitration, Asset Division, Collaborative Divorce, Divorce Act 70 of 1979, Divorce Attorney, divorce settlements, Emotional Challenges, emotional well-being, estate planning, Family Law, Financial Advisors, financial considerations, Grey Divorce, legal guidance, Marital Property Regimes, Mediation, Pension Funds, Retirement Planning, Self-care, South Africa, spousal maintenance, Tax Professionals Navigating the Complexities of Grey Divorce in South Africa: A Comprehensive Guide. Introduction Navigating the complexities of divorce is never an easy task, but for those over the age of 50, the challenges can be particularly daunting. In South Africa, the phenomenon… READ MORE
11/06/2024 Bertus Preller Anti-Dissipation Interdicts, anti-dissipatory relief, Cryptocurrencies, Cryptocurrency, Division of Estate, Divorce, Hiding Assets, In Community of Property, Subpoenas accrual system, antenuptial agreements, Asset Concealment, asset distribution, asset tracing, Bitcoin, Bitcoin mining, blockchain analysis, blockchain forensics, community of property, cryptocurrency, cryptocurrency valuation, digital currency, digital forensics, digital wallets, Divorce, divorce settlement, financial infidelity, forensic investigation, forensic techniques, hidden assets, interim orders, Legal Framework, legal remedies, matrimonial property, Matrimonial Property Act, OSINT, out of community of property, pseudonymous transactions, South Africa Cryptocurrency and Divorce in South Africa: Unveiling Hidden Digital Assets. Introduction As cryptocurrencies gain widespread adoption and become increasingly mainstream, their use has extended beyond just investment and trading. Cryptocurrencies, particularly Bitcoin, have found their way into various aspects of… READ MORE
06/06/2024 Bertus Preller Divorce, Forfeiture of Benefits, In Community of Property 2024 ZAECMHC 37, Botha v Botha, Case Law, community of property, court judgment, division of property, Divorce Act, divorce judgment, Divorce Law, Eastern Cape Division, Engelbrecht v Engelbrecht, Family Law, Forfeiture of benefits, High Court, joint estate, Legal Analysis, legal appeal, legal precedent, marital benefits, marital home, matrimonial dispute, matrimonial property, pension interest, regional court, Section 9, South Africa, undue benefit, V G v T M, Wijker v Wijker, Z v Z Forfeiture of Benefits in Divorce: Analysis of V G v T M [2024] ZAECMHC 37. Introduction and Background of the Case The case of V G v T M ZAECMHC 37 revolves around an appeal by the appellant, V G, against the judgment rendered by… READ MORE
23/04/2024 Bertus Preller Appeal, Divorce, In Community of Property, Procedural Law appeal upheld, appealability, compelling discovery, divorce proceedings, doctrine of finality, H.J v P.J, High Court, interests of justice, interlocutory orders, precedent, Rall v Rall, regional court, section 168(3) Constitution, striking off the roll, Superior Courts Act, ZASCA H.J v P.J (285/2023) [2024] ZASCA 55 (19 April 2024): Supreme Court of Appeal Rules on Appealability of Interlocutory Orders in Divorce Proceedings. Divorce Proceedings and Request for Further Particulars in H.J v P.J The case of H.J v P.J (285/2023) ZASCA 55 (19 April 2024) revolves around a divorce dispute between the… READ MORE
18/04/2024 Bertus Preller Arrears, Division of Estate, Divorce, Forfeiture of Benefits, In Community of Property, Maintenance Arrear Maintenance, child maintenance, community of property, division of assets, Divorce, forfeiture, joint estate, matrimonial property system, misconduct, parental rights and responsibilities, pension fund benefits High Court Addresses Pension Fund Benefits and Arrear Maintenance, Forfeiture Not Applied in K.B.P v T.L.P (DIV 155/2014) [2024] ZANWHC 105 (17 April 2024). Introduction The High Court of North West, Mahikeng, heard an opposed divorce case between Mrs. B.P. (plaintiff) and Mr. L.P. (defendant), who were married in community of property on 11th… READ MORE
09/02/2024 Bertus Preller Costs, Division of Estate, Divorce, In Community of Property, International Divorce, International Divorce, Liquidator, Marital Regimes, Procedural Law Antenuptial Contract, Bertus Preller, cross-border marriage, divorce proceedings, expert evidence, F. Bezuidenhout AJ, financial disclosure, foreign marriage, full disclosure, immediate division, international private law, landmark case, legal precedent, legal principles, Lex Domicilii Matrimonii, matrimonial consequences, matrimonial disputes, matrimonial domicile, matrimonial law, matrimonial property, Matrimonial Property Act, MPA, new case, new judgement, procedural law, Rule 36(9), Rule 43 applications, South African Law, Substantive Law Deciphering L.E v L.A (1884/2018) [2024] ZAGPJHC 104 (9 February 2024): A Landmark Case on Foreign Marriages and South African Property Law. – 9 February 2024. Introduction to the Case In a landmark decision that navigates the intersection of matrimonial law and international private law, the High Court of South Africa, Gauteng Division, Johannesburg, was presented… READ MORE
01/02/2024 Bertus Preller Division of Estate, Divorce, In Community of Property, Liquidator asset management in divorce, bias in estate division, division of assets, divorce and asset division, divorce and property rights, divorce case study, divorce court duties, divorce proceedings, divorce settlement agreement, equitable asset distribution, equitable division principles, estate liquidation process, family law insights, impartiality in asset division, joint estate division, judicial oversight, legal authority of liquidators, legal challenges in divorce, legal framework for divorce, legal precedents in divorce, liquidator role, marital property act, matrimonial estate division, matrimonial property, powers of liquidator, protecting divorcing parties, resolving marital disputes, safeguarding fairness, South African Family Law Navigating Divorce: The Role of Liquidators / Receivers in the Division of Joint Estates. – S.S.M v P.J N.O and Another (15515/2017) [2023] ZAGPPHC 2024 (18 December 2023). Introduction to the Case and Parties Involved In the matter of S.S.M v P.J N.O and Another (15515/2017) ZAGPPHC 2024 (18 December 2023), the Gauteng Provincial Division of the High… READ MORE
27/01/2024 Bertus Preller Abuse, Adultery, Coercive Control, Costs, Divorce, Emotional Abuse, Financial Abuse, Forfeiture of Benefits, In Community of Property, Infidelity, Physical Abuse, Psychological Abuse, Reasons for Dicorce Asset Division, asset forfeiture in divorce, court evidence, court judgments, divorce case analysis, Divorce Law, divorce litigation, divorce outcomes, divorce settlements, equitable distribution, extra-marital affairs, family court dynamics, family law case studies, forfeiture, legal implications, Legal proceedings, Legal Strategy, marital breakdown, Marriage Dissolution, matrimonial conduct, matrimonial disputes, patrimonial benefits, personal conduct, physical abuse, protection orders, South African Family Law, spousal allegations, spousal behavior, spouse behavior in divorce Infidelity, Abuse, and Forfeiture: Behind the Gavel – Deciphering the Role of Personal Conduct in Divorce Outcomes in South African Courts. – M.F.B v J.B (5674/2016) [2024] ZALMPPHC 7 (24 January 2024). Background and Claims In the case presided over by Naude-Odendaal J, the Plaintiff M.F.B filed for divorce against the Defendant J.B on 23 November 2016. The Plaintiff sought a decree… READ MORE